Legal Opinion

Jones v. McCauley's heirs

Court of Appeals of Kentucky

Decided June 12, 1865PublishedCited by 12 opinions

CASE 4 — EJECTMENT APPEAL FROM JEFFERSON CIRCUIT COURT.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion of the court:

The appellants, holding under Sprigg’s patent, the elder of two conflicting patents, brought this action of ejectment against the appellees for land occupied by them in the lap and claimed under the junior grant; and, on a plea of the statute of limitations, verdict and judgment were rendered in bar of the action.

As there is no pretense of such “a settlement” as would limit the right of entry to seven years, the only question involving time is, whether an adverse possession in fact had continued for twenty years next preceding the year 1846,…

2Cited by12 opinions

  1. Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
  2. Bowling v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1909
  3. Gilbert v. ParrottCourt of Appeals of Kentucky · 1916
  4. Kentucky Land & Immigration Co. v. CrabtreeCourt of Appeals of Kentucky · 1902
  5. Swift Coal Timber Company v. IsonCourt of Appeals of Kentucky (pre-1976) · 1929

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